Text of Draft bill recognizing a Temporary Protected Status for the Unborn

PRENATAL IDENTITY ACT OF 2004
VERSION 5 DRAFTED BY CORINNE SINCLAIR, London, England on December 6, 2004 (4 previous versions submitted by the Democratic Caucus of USAGOVSIM -http://www.usagovsim.com, a political simulation of the United States Senate - to the Senate of USAGOVSIM)

START OF DRAFT BILL TEXT=========
AN ACT conferring formal recognition of a Temporary Protected Status for Third Trimester Fetuses

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled:

SHORT TITLE- This Act may be cited as the Prenatal Identity Act of 2002.

Article I. Recognition of a Temporary Protected Status described as "Prenatal Citizen" for Third-Trimester Fetuses.

1. Any medically viable human fetus whose mother and/or father is/are American citizens or resident aliens living on American soil (by right of Jus Soli, or "law of the soil") shall be granted, upon voluntary declaration by the biological mother and/or biological father, a Temporary Protected Status described as "Protected Unborn" from 24 weeks gestation, at a time when he or she is capable of living apart from his or her mother by its external life support, until his or her effective birth. The Unborn’s Temporary Protected Status will automatically be transformed into full citizenship at the time of birth, from the moment a partial extraction, leading or not to full extraction out of the mother's womb is performed by the acting medical personnel.

2. The voluntary declaration of pregnancy at 24 weeks gestation, if the pregnancy has not previously been declared to the Health Authorities, will make the pregnant mother eligible for Medicaid coverage, from the day of the declaration for up to 90 days after she delivers the baby, depending on the State in which she resides. Medicaid coverage may continue for up to one year after the birth.

3. The details on the voluntary declaration of pregnancy will be recorded by the Health Authorities into a National Internet Database, in recognition of the Unborn’s Temporary Protected Status as a “Protected Unborn” when the 24 weeks’ gestation period has been reached. The creation of a new record will automatically trigger the issuance of a Temporary Social Security Number for the Protected Unborn. This Temporary Social Security Number will automatically become Permanent at birth.

4. The Department of Health, Education, and Welfare shall be responsible for the creation and the maintenance of this Voluntary National Internet Database and for the issuance of the Temporary Social Security Number. This National Internet Database shall record the estimated date of conception, the predicted date of birth, and the identity of the parents, including their addresses and Social Security numbers, and any known information about the Protected Unborn's sex, distinguishing characteristics, and state of health.

5. The Temporary Social Security number of the Protected Unborn will be requested from the mother for access to medical treatment/government health care, including prenatal care under the States Children' Health Insurance Program (CHIP), for both the mother and the Protected Unborn.

Article II. Protection of the rights of the Protected Unborn

1. No Protected Unborn shall be aborted after 24 weeks unless the continued pregnancy endangers the life of his or her mother or unless the fetus has major malformations or life-threatening diseases precluding long-term and dignified survival.

2. Any person causing the intentional death of a Protected Unborn by abortion or partial-birth abortion, except to save the life of the prenatal citizen's mother, shall be charged with criminal homicide under criminal law of the State where the action occurred. Any member of the medical profession or any other person performing such an abortion or partial-birth abortion of a Protected Unborn shall be liable for prosecution in the State where the action occurred.

Article III. Protection of the rights of the Pregnant Mother

1. The “voluntary declaration of pregnancy” signed by the pregnant mother will be considered as a private and confidential document under the care of the Health Authorities and of the private doctor of the pregnant mother. The copy of the document used by the Health Services for the National Internet Database will be destroyed within seven (7) days of the receipt of a birth certificate, a death certificate or an abortion certificate, and all details concerning the previous Temporary Protected Status of the newborn will be stricken out of the web site, as well as all electronic or paper copies constituting the safeguards.

Article IV. Responsibilities of health care professionals.

1. Any physician or health care professional must encourage and assist the pregnant woman by providing her with a “voluntary declaration of pregnancy” form which will be required if she wants to be eligible for prenatal health care benefits (Medicaid). The physician or health care professional must inform the pregnant woman of the biological and psychological risks of an abortion, should the pregnant mother wish to terminate her pregnancy before 24 weeks of gestation. The “voluntary declaration of pregnancy” will include the information required in Article I, Section 3 & 4 and the physician must keep a copy in the pregnant mother’s medical file.

2. Based on the voluntary declaration of her pregnancy by the mother, and on the physician's estimate of the date of conception, the Department of Health, Education, and Welfare shall, after 24 weeks’ gestation, record the details relating to the Protected Unborn onto the National Internet Database.

3. From conception and at any time during gestation before 24 weeks, the mother and/or the father will have the option of initiating a voluntary procedure to include pending details concerning their non-viable unborn child into the National Internet Database for the Protected Unborn, in order to ensure the automatic recording of its Temporary Protected Status when the fetus reaches the development stage of 24 weeks gestation, and has, de facto, become a Protected Unborn.

Article V. Enforcement.

1. The Department of Health, Education, and Welfare and the Department of Justice shall be responsible for enforcing this law.

2. Physicians or health-care professionals failing to provide the “voluntary declaration of pregnancy” form to the pregnant mother, or communicating the private and confidential details apparent on it to any unauthorized third party, shall pay a fine of not less than $5000 or more than $10,000 and be liable for damages. A second failure shall cause the suspension of that person's professional license.

Article VI. Severability clause

If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the Senate hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words thereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
=====================END OF DRAFT BILL TEXT

 

Point 2.
At 24 weeks (not 23 months) it is widely admitted by doctors on all sides of the political spectrum that a fetus is viable if taken outside the mother's womb. This means that anybody killing such a fetus would be killing a Protected Unborn, and therefore liable for prosecution. The word "murder" is not mentioned, only "criminal homicide", which includes involuntary manslaughter.

There are no two ways for politicians to protect the unborn, you either permit abortions to take place or you don't. Because it is almost unconceivable that the lawmakers or the courts would sanction a regression and annul Roe v Wade, the lawmakers have to find another way of protecting viable fetuses first of all. It is necessary for the general public to start realising that a few inches out of the mother's womb do not make a human being, there is a human being in the womb long before it is out of the womb.

Corinne

 

Because I am French maybe, and interested in US politics. Also because I am the Democratic President of a political simulation of the United States Senate. I want to show that democrats are not all pro-choice and that it is possible to protect some unborn, if not all.

Corinne

 

When people vote, hoping that the government will outlaw abortion and cancel Roe v Wade, that is what they are doing. Aborting is a matter between the woman, her partner (if identified and willing) and her conscience (God). It should not be a matter of law. Everytime someone accuses a woman who wants an abortion of murder, that persons put itself in the place of God, who alone can judge.

Corinne

 

The protection of the Unborn knows no frontiers. I did write that bill, that just goes to show that not only can liberals be pro-life, but also, you don't have to be an american to believe in sanctity of life.

I am also against the death penalty, by the way. It would not feel right for me to believe in sanctity of life for unborn human beings and not believe in the sanctity of life for living human beings, even criminals, however painful that belief might be.

Corinne

 

And only Iraqi people should dabble in Iraqian politics maybe?

A law to protect the unborn is as good in the US as in France or anywhere else.

And there are political simulations on the internet everywhere, including in universities. Like mine, they are for educational purposes and are useful for teaching americans AND foreigners the functioning of a country's political system.

Corinne

 

I'd have no problem running a political simulation of the French Parliament with an American posing as French president. The American would simply have to role-play a French leader, just like I role-play an American leader.

And lots of Americans study the History of France and French politics, so why not the opposite?

The only purpose is educational. Now, if a politician was to like one of our bills, and try it in reality, why not if it is a good bill?

Corinne

 

Considered the mess American troops are in, yes, it would seem a good idea now to get a UN mandate for sending French troops to help you deal with the Iraqis. The French are doing a fine job teaching americans how to do just that in Afghanistan, so why not in Iraq? We have more field experience in counter-guerilla wars of that sort, so I'd have no objection helping America there. Fact of the matter is that there are already some unofficial French troops there, apparently.

Corinne

 

Yes, but very unrealistic at the moment or in the near future. There is no way the women's rights lobbies and the democrats will agree to such a regressive law. It is as unlikely as bringing back segregation. You'd have martial law and FEMA running the country before that would happen!

Corinne

 

Besides, a law will never prevent women from getting abortions, as was the case before abortion became legal. They will abort in secret, illegally, and without the safety of a good doctor or clean surgical equipment in a controlled environment.

Such a strict law would not save a lot of babies. It is better to insist on education of teenagers and enforcing parental responsibility programmes participation.

Imagine if you said you wanted a law which would totally outlaw smoking. Do you think that law would succeed? Best thing is to teach children that smoking is a potential killer - including passive smoking - and that it is better to not start smoking.

Same with abortion, if you can't raise a baby or don't want a baby, children should be taught how to use contraceptive methods or wait until they are old enough to have sex, and parents should be helped/tutored to do this.

Corinne